In re Ashley M.

842 A.2d 624, 82 Conn. App. 66, 2004 Conn. App. LEXIS 106
CourtConnecticut Appellate Court
DecidedMarch 16, 2004
DocketAC 24130
StatusPublished
Cited by7 cases

This text of 842 A.2d 624 (In re Ashley M.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Ashley M., 842 A.2d 624, 82 Conn. App. 66, 2004 Conn. App. LEXIS 106 (Colo. Ct. App. 2004).

Opinion

[68]*68 Opinion

MIHALAKOS, J.

The respondent mother1 appeals from the judgment of the trial court terminating her parental rights with respect to her minor child, Ashley. On appeal, she claims that the court (1) improperly decided that she had not achieved a sufficient degree of personal rehabilitation within the meaning of General Statutes § 17a-112 (j) (3) (B) (i) as would encourage the belief that she could assume a responsible role in the life of her child within a reasonable time2 and (2) abused its discretion by not considering facts subsequent to the filing of the petition by the petitioner, the commissioner of children and families (commissioner). We affirm the judgment of the trial court.

The following facts and procedural history are relevant to our resolution of the respondent’s appeal. The commissioner’s involvement with the respondent and Ashley began in December, 1999, due to the respondent’s abuse of cocaine and marijuana during her pregnancy. On January 4, 2000, the commissioner filed a petition alleging that Ashley, a newborn, was uncared [69]*69for and neglected. Temporary custody was granted to the commissioner that same day. On February 17, 2000, the court adjudicated Ashley neglected and uncared for and ordered protective supervision by the commissioner for twelve months. On February 27, 2001, the court opened and modified the prior disposition and committed Ashley to the custody of the commissioner. On December 14, 2001, the commissioner filed the petition at issue in this appeal to terminate the parental rights of Ashley’s biological parents. The petition as to the respondent was premised on her failure to achieve a sufficient degree of personal rehabilitation pursuant to § 17a-112 (j) (3) (B) (i).

On January 10, 2002, the court extended Ashley’s commitment to the commissioner on finding that efforts were no longer appropriate for the reunification of Ashley with the respondent.3 On February 30, 2003, the court granted the petition to terminate the respondent’s parental rights on the ground alleged.

“A hearing on a petition to terminate parental rights consists of two phases, adjudication and disposition. ... In the adjudicatory phase, the trial court determines whether one of the statutoiy grounds for termination of parental rights [under § 17a-112 (j)] exists by clear and convincing evidence. ... In the disposi-tional phase, the trial court determines whether termination is in the best interests of the child.” (Internal [70]*70quotation marks omitted.) In re Victoria B., 79 Conn. App. 245, 250, 829 A.2d 855 (2003).

In the adjudicatory stage, the court determined that the petitioner had demonstrated by clear and convincing evidence that the respondent “has not achieved a status where she is more able to parent Ashley than she was at the time of Ashley’s neglect and uncared for adjudication on February 17, 2000.” The court also found that “[tjhere is no evidence to conclude that rehabilitation into the role of a constructive parent could be achieved within a reasonable period of time.”

After considering and making findings on each of the seven criteria articulated in General Statutes § 17a-112 (k),4 the court concluded in the dispositional phase that termination of the respondent’s parental rights was in the best interest of Ashley. The court stated that “Ashley’s lack of permanency and the effects of that uncertainty no longer can be tolerated.” The court therefore opined that Ashley’s best interest would be served by the termination of the respondent’s parental rights, thus allowing Ashley to be available for adoption by her foster mother, a maternal cousin of the respondent, under whose care Ashley has been since April, 2001. This appeal by the respondent ensued. Additional facts will be set forth as necessary.

I

This court is ever mindful of the gravity of the proceeding that may end in the termination of parental rights and results in the complete severance of the legal relationship, with all its rights and responsibilities, [71]*71between the child and the parent. See Anonymous v. Norton, 168 Conn. 421, 430, 362 A.2d 532, cert. denied, 423 U.S. 935, 96 S. Ct. 294, 46 L. Ed. 2d 268 (1975).

With that in mind, we address the respondent’s claim that the court improperly decided that the facts supported its conclusion that she had not achieved sufficient rehabilitation as mandated by § 17a-112 (j) (3) (B) as would encourage the belief that she could assume a responsible role in Ashley’s life within a reasonable time. In support of that claim, she contends that the testimony offered by the social workers who had handled her case, as well as the court-appointed psychologist, did not constitute clear and convincing evidence of her failure to achieve sufficient rehabilitation. We disagree.

We first set forth the standard of review that guides our analysis. We apply the clearly erroneous standard in reviewing a trial court’s finding that a parent has failed to achieve sufficient rehabilitation. See In re Jennifer W., 75 Conn. App. 485, 498-99, 816 A.2d 697, cert. denied, 263 Conn. 917, 821 A.2d 770 (2003). “We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached. . . . [0]n review by this court every reasonable presumption is made in favor of the trial court’s ruling.” (Internal quotation marks omitted.) Id., 499. We also recognize that “the trial court has an ability superior to our own to evaluate the evidence because of its firsthand opportunity to observe the parties and to hear their testimony.” In re Alissa N., 56 Conn. App. 203, 210, 742 A.2d 415 (1999), cert. denied, 252 Conn. 932, 746 A.2d 791 (2000).

Failure to achieve a sufficient degree of personal rehabilitation is one of the seven statutory grounds on which parental rights may be terminated under § 17a-112 (j) (3) and is “found when a parent of a child who [72]*72has been found by the court to have been neglected fails to achieve such a degree of rehabilitation as would encourage the belief that, within a reasonable time, considering the age and needs of the child, the parent could assume a responsible position in the life of the child.” In re Mariah S., 61 Conn. App. 248, 260-61, 763 A.2d 71 (2000), cert. denied, 255 Conn. 934, 767 A.2d 104 (2001). “[I]n assessing rehabilitation, the critical issue is not whether the parent has improved [her] ability to manage [her] own life, but rather whether [she] has gained the ability to care for the particular needs of the child at issue.” (Internal quotation marks omitted.) In re Amneris P., 66 Conn. App. 377, 384, 784 A.2d 457 (2001).

The court relied on the testimony of Lisa Miller, Michelle Dunbar and Rushnee Verene-Penix, social workers with the department of children and families (department) who had worked with the respondent.

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Cite This Page — Counsel Stack

Bluebook (online)
842 A.2d 624, 82 Conn. App. 66, 2004 Conn. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ashley-m-connappct-2004.